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Federal Judge Strikes Down Missouri’s “Second Amendment Preservation Act” as Unconstitutional

Federal Judge Strikes Down Missouri’s “Second Amendment Preservation Act” as Unconstitutional

Posted by Angel Law on March 9, 2023

On Tuesday, a U.S. federal judge ruled that a Missouri state law that made it more difficult for police to enforce federal gun laws is unconstitutional.

In Missouri, people can buy and own guns without a background check or license, they can conceal-carry them with no permit, guns don’t have to be securely stored away from young children, and domestic abusers can purchase and own firearms. There were 23.9 deaths from firearms per 100,000 Missouri residents in 2020, the most recent year where CDC data is available, making it the fourth-deadliest state in gun deaths in the nation.

Continue reading “Federal Judge Strikes Down Missouri’s “Second Amendment Preservation Act” as Unconstitutional” →

New book about a decades-old South Dakota cold case

New book about a decades-old South Dakota cold case

Posted by Angel Law on March 6, 2023

There’s a new book out about South Dakota’s most infamous cold case investigation.

“Vanished in Vermillion” was written by former KELO TV reporter Lou Raguse, who spent years researching files and conducting interviews to find the truth about what really happened to two teenage girls who mysteriously disappeared.

In 1971, Pam Jackson and Sherri Miller were on their way to an end-of-the-school-year party.

Continue reading “New book about a decades-old South Dakota cold case” →

50 bizarre laws that have existed or still exist in America

50 bizarre laws that have existed or still exist in America

Posted by Angel Law on March 2, 2023

The United States has had its fair share of strange legislation in its existence thus far.

This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia.

Here’s part three of Fox News Digital’s list of the most bizarre and interesting laws in America — from Alabama to Wyoming.

Continue reading “50 bizarre laws that have existed or still exist in America” →

Republican states are fuming — and legislating — over drag performances

Republican states are fuming — and legislating — over drag performances

Posted by Angel Law on February 27, 2023

Republican state lawmakers want to shield children by closing the curtains on drag performances.

Legislation moving through several GOP-controlled capitols would ban the gender-diverse shows in front of young people — including at schools, colleges, or on public property — sparking a furious response from the LGBTQ community and civil liberties groups.

“We’re just trying to keep minors away from sexually explicit material,” Arkansas Republican state Rep. Mary Bentley told her fellow lawmakers at a hearing Wednesday about a bill she’s co-sponsoring to prohibit children from watching drag shows that might affect student performances. Many drag shows do not contain sexually explicit content, especially when performers — who often wear more clothing — are entertaining in spaces where children may be present.

Continue reading “Republican states are fuming — and legislating — over drag performances” →

House advances mandatory minimums for multiple DUIs

House advances mandatory minimums for multiple DUIs

Posted by Angel Law on February 23, 2023

The state House of Representatives passed a bill to impose mandatory minimum sentences on anyone who gets four or more driving under the influence convictions.

The passage of House Bill 1170 comes shortly after Senate passage of a proposal to limit parole for the most violent offenders.

HB 1170 comes from Rep. Chris Karr, R-Sioux Falls, who lost his grandmother to a drunken driver who had nine DUI convictions.

Continue reading “House advances mandatory minimums for multiple DUIs” →

States move to block childhood transgender surgery

States move to block childhood transgender surgery

Posted by Angel Law on February 20, 2023

South Dakota and Utah are the latest states to pass laws banning transgender surgeries on children under 18, moving against court challenges to such limitations in other states.

South Dakota Gov. Kristi Noem signed the Help Not Harm Act on Feb. 3, preventing gender reassignment surgery and drug treatment on children suffering from gender dysphoria, following Utah Gov. Spender Cox’s signature on a similar bill there. Court challenges are promised against the Utah measure already in effect, NBC News reported, and challenges are anticipated against the South Dakota law set to take effect in July.

Continue reading “States move to block childhood transgender surgery” →

Is It Time to Rethink the Computer Fraud and Abuse Act?

Computer Fraud and Abuse Act: Is It Time to Rethink?

Posted by Angel Law on February 16, 2023

Kentucky resident Deric Lostutter is fighting to regain the right to vote.

Lostutter is now a paralegal but previously was a member of hacktivist group Anonymous and served out a prison sentence after violating a federal anti-hacking law.

His particular state and the nature of his conviction are proving to be sticking points as he seeks re-enfranchisement: Kentucky indefinitely revokes voting permissions for residents with certain kinds of felonies on their records. That includes offenses that, like Lostutter’s, were tried in federal court; as such, he’d need a governor’s pardon to be re-enfranchised.

Lostutter lost voting rights after being convicted in 2017 of violating the Computer Fraud and Abuse Act (CFAA) and lying to the FBI about his actions, and he served two years. He and a co-collaborator had conducted a hack in an effort to put pressure and public attention on two Steubenville, Ohio, high school football players’ rape of an unconscious 16-year-old, as well as on school employees believed to have enabled or hidden the assault.

“I went after a coverup of a rape case,” Lostutter told Government Technology. “Did I commit a crime? Yes: I accessed a website without permission — a football fan website, where I posted allegations and evidence of the coverup to protect the football team. Do I admit that was wrong? Yes. Did I serve my time? Yes. Was it violent? No.”

That lack of permission is where the CFAA comes in. The federal law criminalizes accessing information on an Internet-connected device either without “authorization” or by exceeding the authorization one already has.

The CFAA is a controversial law. While it appears intended to prevent malicious hacking, it’s also come under fire over the years for its vague wording that some say risks scooping up more innocuous individuals alongside genuinely dangerous actors.

The Department of Justice (DOJ) appeared to acknowledge this concern last May when it issued a policy revision clarifying the law’s scope. The DOJ explained that the CFAA should not, for example, be used to charge security researchers or people who exaggerate in their online dating profiles.

Cindy Cohn, executive director of the Electronic Frontier Foundation (EFF), told GovTech that the latest DOJ revision is helpful but still fails to clearly pin down the parameters of the law and create bright lines between common online behavior and genuinely dangerous and damaging activity.

You can read the full article at Government Technology.

South Dakota tribe sues US over crime

South Dakota tribe sues US over crime

Posted by Angel Law on February 13, 2023

Holly Wilson had just left to pick up soda for a steak dinner for her nine grandchildren last May, when a barrage of bullets was fired into her home on the largest Native American reservation in South Dakota.

Her 6-year-old grandson, Logan Warrior Goings, jumped from the family’s loveseat and raced across the room to his grandfather — and was shot in the head. It took at least 15 minutes for a single tribal law enforcement officer to arrive, but by then, the drive-by shooters were gone, and Logan — a “kind and gentle” boy who loved Xbox and his Siamese cat, Simon — was dead.

“He was the sweetest little boy,” said Wilson, 62. “He was so helpful for grandma. He was my best partner.”

Continue reading “South Dakota tribe sues US over crime” →

South Dakota lawmakers want to tighten how the state handles parole eligibility

South Dakota lawmakers want to tighten how the state handles parole eligibility

Posted by Angel Law on February 9, 2023

A new bill, called “Truth in Sentencing,” would require people convicted of serious violent crimes to serve either all or a majority of their sentence before being eligible for supervised release or parole, a step toward a tougher stance on who gets released from prison.

Those in favor of the two-part bill, like the South Dakota Attorney General, the Minnehaha County State’s Attorney and Sioux Falls Police Department chief, argued that South Dakota cities are facing a wave of violent crime being committed by people who have violent criminal records,

Meanwhile, opponents worried it could lead to increased prison populations in a state where the prisons are already overcrowded, and de-incentivize programing like addiction treatment.

Freshman Sen. Brent Hoffman, R-Sioux Falls, brought the bill after having conversation with law enforcement, various state’s attorneys and others involved in the criminal justice system. He called it a landmark law and order bill while explaining its various sections.

“It is not a cure-all for every crime that ails us, but I think it is an important first step to address the violent crime in particular that so ravages our community, affects our citizens, and for which they want us to do something about,” Hoffman said.

Currently, inmates can gather sentencing credits, from either their time served in jail before they had their trial or by attending programming. These credits can then be applied for a shortened sentence, making the person parole eligible. The bill would change parts of this programming, depending on the person’s crime.

In the first section of the bill, anyone convicted of one of 13 high level violent crimes, such as first-degree manslaughter and first-degree human trafficking, would have to serve the full sentence imposed on them by a judge without credits for a shortened term. The inmate would then be eligible for supervised release.

You can read the full article at Yahoo! News.

Senate Bill 70: Protecting children’s rights while testifying

Senate Bill 70: Protecting children’s rights while testifying

Posted by Angel Law on February 6, 2023

Testifying in court can be difficult. For children, it can be even harder.

Senate Bill 70 would make testifying less traumatic for children. The bill hit the South Dakota Senate floor Wednesday for the second time and passed. The bill is designed to address courtroom modifications when children are required to testify in a court of law against their abusers.

Tifanie Petro is the director of Advocacy and Prevention at the Children’s Home Child Advocacy Center and was the one who drafted the bill, taking guidelines from states that already hold similar laws like Illinois, Colorado, and North Dakota.

Continue reading “Senate Bill 70: Protecting children’s rights while testifying” →

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